DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10536-18             
Date: Ref Signature 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 13 November 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 19 August 1986.  You went on a period of unauthorized absence (UA) from 4 February 1987 to 29 April 1987.  On 25 May 1989, you were convicted at a special court-martial (SPCM) for two specifications of UA.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 5 August 1991, you were convicted at a SPCM for two specifications of UA and wrongful use of cocaine. You were sentenced to confinement, forfeiture of pay, and BCD.  On 10 February 1993, you were discharged with a BCD as a result of a court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that your service was honorable, there are no records to corroborate the charges for your BCD, and you have been an outstanding citizen since your discharge.  The Board noted that there is sufficient evidence in your record to support your BCD.  Furthermore, the Board received no evidence to support your contention that you have been an outstanding citizen.  The Board concluded your mitigating factors were not sufficient to warrant an upgrade to your discharge based on the severity of your misconduct, which resulted in two SPCM convictions and subsequent BCD.  Lastly, the Board in its review discerned no material error or injustice in your discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


12/27/2019